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Party autonomy, inconsistency and the specific characteristics of family law in the EU

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journal contribution
posted on 2023-06-09, 14:17 authored by Lara Walker
Party autonomy is becoming more prevalent in substantive family law, and therefore private international law should find a method of incorporating party autonomy into family law. This should be done in a way that takes account of the specific characteristics of family life. Currently the EU Regulations take a disjointed and incoherent approach to party autonomy in family law, and do not consider specific issues relating to the family. There is no clear explanation of why this is and it appears to be related to the fragmented development of the EU family law instruments. This inconsistency is not only apparent across the instruments but also within the instruments, suggesting that the discrepancies are not context-specific. This article argues that it is possible to have a consistent approach to party autonomy across all areas of family law while catering for family specific issues. A consistent approach will allow families to resolve their disputes within one legal system, rather than the more complicated situation which confronts some families due to the fragmentation of jurisdiction required by the current legal rules.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Journal of Private International Law

ISSN

1744-1048

Publisher

Taylor & Francis

Issue

2

Volume

14

Page range

225-261

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex European Institute Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-07-27

First Open Access (FOA) Date

2020-03-05

First Compliant Deposit (FCD) Date

2018-07-27

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